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When should a voluntary administration be chosen over a voluntary winding up?

My company is experiencing increasingly worse losses. Should I consider a voluntary administration or a voluntary winding up?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 07-12-2015
1 Lawyer Answered
View more Q&A on:
  1. Insolvency & Liquidation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kelly Angus, Adelaide 5000 SA

  • If you believe your company has a chance of recovering from its financial difficulties and becoming profitable again you may seek the appointment of a voluntary administrator to take control of your company’s affairs.
  • Upon their appointment a moratorium or stay of claims against your company will come into effect. 
  • If the voluntary administrator believes your company is recoverable the administrator may propose that a deed of company arrangement be entered into or that control of your company’s affairs be returned to you. 
  • However if the administrator believes that your company’s financial health cannot be restored the administrator may propose that your company enter into liquidation.
  • If your company’s financial position is hopeless and beyond recovery you should take steps to wind up your company through the liquidation procedure.
  • If your company is in financial distress you should seek professional legal and accounting advice promptly to learn more about your options and help you to make an informed decision.

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